Patent Law Articles
Click on the title of each article listed below to follow a link to the article. The articles are listed in reverse chronological order. I delivered each of the following articles to meetings of patent or environmental attorneys.
(Patent) A patent or patent application can be attacked, amended or corrected without going to court. This article discusses the administrative options after the America Invents Act.
(Patent) The new 'America Invents Act' radically changes how inventors and invention-owning companies protect their inventions. This article addresses the changes to the patent bars and to prior art.
(Patent) Causing someone else to infringe a patent is the same as infringing the patent. This memorandum explores inducement of infringement and addresses the element of 'intent.'
(Patent) The decision in the Federal Circuit Court substantially restricted what can be patented and was modified by the U.S. Supreme Court. This memorandum is a review of prior Supreme Court decisions on the what can be patented.
(Patent) Deferred examination allows a patent applicant to request that review of the patent application be deferred by up to three years from the priority date, which can be valuable for some. This memorandum reviews the use and requirements of deferred examination.
(Patent) The doctrine of 'inequitable conduct' is a shield against patent liability and is a defense frequently raised in patent infringement litigation. This memorandum provides an overview of the historical roots and current development of 'inequitable conduct.'
(Patent) A final rejection of a patent application by a patent examiner is not the end of the process. The patent applicant can appeal the rejection to the Patent Trial and Appeal Board ('PTAB') and to the Court of Appeals for the Federal Circuit. The patent applicant also can file a request for continuing examination to bring new facts or arguments to the attention of the examiner.
(Design patents) Design patents protect how an article looks rather than how the article works. Recent and pending court decisions may make design patents more valuable, and hence more worthwhile, than in the past. This article addresses the state of the law of design patent enforcement.
(Patent) This memorandum is a review of an article on patent licensing. I delivered this review to the Delaware County Intellectual Property Forum.
(Trade Secrets) Pennsylvania adopted the Uniform Trade Secrets Act in 2004. This memorandum addresses the changes to state law from that adoption.
(Copyright) This memorandum is a review of selected cases addressing the question of whether a provider of a copying technology is liable for infringement where other persons use the technology to copy works protected by copyright. I presented this article to the Delaware County Intellectual Property Forum.
(Patent) Patent reexamination is a mechanism for a patent holder to strengthen his or her patent by bringing new art to the attention of the examiner. This article discusses the finer point of patent reexamination. I presented this article to the Delaware County Intellectual Property Forum. The article is cited by ". ," Harvard Journal of Law and Technology, Vol. 17, No. 2, Spring 2004
(Trademark) A trademark identifies the source of a product. The appearance, or "trade dress," of a product also can serve to identify its source. This article discusses Supreme Court decisions concerning trade dress. I presented this article to the Delaware County Intellectual Property Forum.
(Patent) The doctrine of equivalents expands the reach of a patent beyond its literal claims to include inventions 'equivalent' to the patented invention. I presented this article to the Delaware County Intellectual Property Forum.
The following are links to newsletters by Lipton, Weinberger & Husick.
Patentable Subject Matter - Mayo v
Can a title be a registered trademark?
Patenting the non-obvious problem
Self-incrimination - It's for everybody.
IP protection around the world.
University copyright on student work
Design patent and trademark law merge
Fair use of MLB broadcasts
Copyright is not fashionable.
It's official - intellectual property is valuable.
Files on the cloud may not be private
Business resources for entrepreneurs
Copyright troll dealt a blow.
Facebook redefines common words.
Healthcare and innovation
Putting books on the digital shelves
Patent justice is denied.
Facebook not so friendly.
Ipad trademark in dispute
Stopping a Patent
Kodak - definition of a strong trademark
Marx Bros. and trademark law.
Walmart competition for new products
Ask Dr. Copyright . . . Protect Your Software, Circuit
Boards, and Mask Works
Quick Patent Application Review for Green Technologies
French Fries Sue Crabs
Has Your Privacy Been Breached?...Now You Have a Resource.
Ask Dr. Copyright - Peer-to
Peer file sharing may be hazardous to your health.
'Best Mode' under the America Invents Act
The 'First Sale' doctrine and why you should not rely on Google as your lawyer
Trademark infringement cases on the rise
The privacy we give up for cell phone convenience.
High cost of character costumes
America Invents Act, Part II - Prior Art
Patent reform signed into law
America Invents top ten list
Crucial information for inventors
PTO restarts 'fast track' patent review
Descriptive Trademarks: Apple loses one
Copyright Infringement and the Vanishing
Patent Reform is Broken
When is Computer Software an Unpatentable Mental Process?
Treb Lipton, 1942-2011
Theft by a departing employee
Protecting intellectual property on Facebook
Supreme Court says employee can assign away employer's invention
Fate of a copyright troll
House passes 'America Invents Act'
LWH reclaims domain name
Protecting your trademark from XXX
Viacom v YouTube - The saga continues
Who owns your invention?
New opportunities for patent applicants.
Branding is effective
Trade secret theft is a crime
'America Invents Act' passes
Senate, pending in House
Two Trademark Registers
Chocolate Milk, part II
Is Coca-Cola's trade secret
recipe still a trade secret?
Watson computer vs. Jeopardy champions
What's in a name? - Your name as a trade mark
Patent Reform Legislation forwarded to the full U.S. Senate
Federal Courts' Continued Hostility Toward Complex Patent Issues
Patent Infringement 'R' Us
To Hold or Not to Hold - IP holding companies
PTO Green Technologies Program Extended
Patent Reform Redux
Copyright and Safe Harbor, part II
Corvette and famous trademarks
Losing foreign patent rights
Copyright and 'safe harbors'
Deferring patent examination
Ask Dr. Copyright - duration of
Does a food trademarks protect the recipe?
Patent search tool for FireFox
PTO issues patents, reduces backlog
Transfer of software licenses
Keeping it private in the workplace
Gourmet's guide to IP rights
Dangerous patent applications
Unspillable milk and iPhone apps
Mailing a work
End of the Internet monopoly
Protecting trade secrets from employee theft
Patent invention services - buyer beware
Jurisdiction in the Internet World
Grammar of Copyrights and Trademarks
Inventor's Eye - PTO publication
Copyright and public performance of a movie
Supreme Court Decides Bilski.
Supreme Court sends a message to employees.
Can I donate a copyright?.
PTO considers multiple patent review tracks.
Internships: It's not just another free employee.
Can I freely distribute a news article?.
Patent reform Lite.
Registering trademarks for scents, color and sound.
Patent Prosecution Highway
Cyberspace is expanding.
Can I sell photos that I take?
Planning for events beyond your control.
Patent reform is not dead.
Is an image without a copyright
notice free to use?.
Don't go naked when assigning a trademark.
PTO budget proposes more examiners and fees..
Cease and desist letters and trademark rights.
applications and the Internet.
Is plagiarism copyright infringement?.
Proper patent marking.
When is a product 'sold' for patent infringement?
Using trademarks where they do not belong.
PTO pilot program for green technologies.
Do patent applications require a separate written description?
Bloggers and advertisers cautioned by the FTC
on product endorsements.
Global Findability goes for the gold.
What to do when your trademark is registered as a domain name by another person.
Planning to license or sell your patent?
Read your software licenses carefully.
PTO pilot program for small entities.
What's in a name-Choosing a domain name can be tricky.
You don't have to wait until your patent issues.
Ringtones freed by district
Hope for the patent system?
The Mighty Mouse saga
Free patent search resources
Is your patent vulnerable to foreclosure?
Sign, sign, everywhere a sign.
PTO Director Kappos to reform examiner 'count' system
Congress considers copyright protection for fashion designs.
New PTO Administrator sworn in.
Is a download a performance?
Supreme Court to consider what can be patented.
Real trademarks in a virtual world, part II
Is ASCAP crazy?
Michael Jackson Defied Gravity.
Registered Offices are important.
Why not use fake patent numbers?
Facing Trademark Protection on Facebook
Real Trademarks Used in a Virtual World
Developments at the Board of Patent Appeals and Interferences
State trademark registration
Patent reform - First to File vs. First to Invent
Don't forget trade secrets
$9.7 million trade secret judgment
iPod to the Queen
Applications and revenue down at the PTO
Trademarks- Use them or lose them
Protecting yourself from infringement on EBay
Registering copyrights and
trademarks with Homeland Security
Deferred examination of patent applications
Linking may be dangerous to your health
Environmental Law Articles:
(Hazardous Waste) The RCRA Land Ban is an effort by Congress to phase out all disposal of hazardous wastes in landfills or other land-based disposal. I originally presented this article to a meeting of environmental attorneys.
(Solid Waste) The companies that collect and dispose of trash are under attack in Pennsylvania. This article discusses efforts by the Pennsylvania Legislature to limit the waste disposal industry. I originally presented this article to a meeting of Philadelphia environmental attorneys.
(Air Pollution) Air contaminants travels from power plants in the Midwest and cause air pollution problems in the Eastern United States. Fixing the problem will be expensive and is resisted by Midwestern states and electrical utilities. The monograph explores the efforts by EPA and several Eastern states to force a cleanup of the Midwestern power plants. I presented this monograph to the Advanced Air section of the Pennsylvania Bar Association Environmental Law Forum.
(Air Pollution) The ACE and CAM rules relate to the monitoring and enforcement of Federal air pollution requirements. The CAM rules require air polluters to collect evidence of their own air emissions. The ACE rules allow a private citizen to use the information to enforce the clean air laws. I presented this monograph to the Advanced Air Section of the Pennsylvania Bar Association Environmental Law Forum.
(Water Pollution) The thrust of the "anti-degradation" water pollution program is to protect lakes, streams and rivers from pollution. Pennsylvania's program was substantially changed in 1999 in response to litigation and pressure from EPA. I originally presented this article to a meeting of Philadelphia environmental attorneys.
(Growth) This monograph was published by the Philadelphia Bar Association and relates to efforts to control explosive suburban real estate development.